Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-09-28
THE MUSICAL CASE.
The Testimony All In. and Arguments
Will 90 On TO.NOrrOW.

= N.
fa1ion and Anton Fisher, were all present when
the case was called. 1t was generally supposed
W OUTSIDERS that the matter would be disposed Of
to-uaJ' aho on that account there was large at
OF persons interested in the case most OF
them supporters Of the Musical Assembly. There
were present two or three foreigners who claimed
that tney had been boycotted, and were waiting to
learn the disposition of this case in order that
they might know what action to take Last night
suDpHhas were sent out for the witnesses for the
prosecution, and there was some conjecture as to
ee ior such action. On the part OF the pros
snaI ~ was out OF caution that such action had
Deeh takon; that the judge said something about
stanT putting some more witnesses on the
s.anu anu, II that was done, they the prosecution
"ouia ask That the whole case be re-opened.
As TO THE INTRODUCTION OF NEW TESTIMONY.
MI. Moore, for the defendant, said he desired to
introduce couple OF witnesses,
MT. Wortnlngt0n said IL the testimony was to
DC Teop ge he would claim the right to reout it,
M; Moore said IL was on the conversation at
LoSnooehlers, and 1t should be confined to that
the court said he had suggested that, as he did
not remember some points mentioned In the argu-
MI. WorthIngton said that he was entitled to
tions mat he had not been injured, but Mr. X was
ou QUO OF Ine city. He had lost six weeks engage
Nj. Moore denied this statement, and said that
Canah nau Oeen ousted by Krause.
TESTIMONY FOR THE DEFENSE.
fVf Vhe oe1endant Jos. b. Caldwell testified that
ne never held an office in the assembly, but had
been eight or ten months ago appointed on the ex-
ecutlVe BOARD. Was at LochbOehler's on the 9th
OF august. He had conversation with Mr. L. al
InaI tlme IN reference TO the employment of union
men. II was as Q matter OF form, for Mr.. L. had
Was the or WfS me men He asked hasd
s sasa ne had given Krause the contract. Wit
ness ness told him him that they were not union men.
and asked him to write the names of some OF
those who were In bad standing In the society
ie toid Nun that they did not ask him to do i'm
he wanted the patronage OF the non-union men or
tnlt OF Inc union men L. drank to the Knights OF
the District, and ii he wished their patronage he
would employ union men. There Was no threat
ana no need OF 1t, for he said that he was in SYM
sentiments. Mr.. Callan was the only one present
JAS. T. Callan testified that he had the band at
N MoX Es and was superseded by Krause; that
he was at LOchDoehler'S In the early part Of Au-
gust twice, once alone. He went there with Cald-
well, and the latter asked If he a. would use his
influence to have union men employed and he
replied In the affirmative, and when he az asked
what should be done as to Krause'S engagement
Caldwell told him that they did not wish him to
damages. He corrObOrated Mr.. Caldwell He met
them again. and asked him about the orphan asy-
lum engagement, and to use his influence in Sc.
curing union men. Mr.. L. replied that he would
write TO Mr.. J0sephS at once. There was no
| threats then used, or nythng said about &C, 600
Cross-exalnlned: They went to Lochboehler's
as committee. They did not say he would get
the patronage, but the good Will, OF the 60 900
woralngmen. He understood that there were
10000 knights or Labor in the District. Witness
I'D not so TO Monkeys and see who were playing
with kralse: did not tell Mr.. Plant that such as
PLAYED with krause would be bOycOtted. Witness
Went 70 LochOoehers the second time TO refresh
MS memory. After Monkey had got krause's fig-
ures he offered the engagement to witness at the
same figures.
MORE TESTIMONY FOR THE PROSECUTION
The Government called Adam Lochboehler, who
testified that when Cailan came to the garden he
was with Mr.. Sloan and another party, and the
talk between them and his father was In the pavi
non or hail. On croSS-eXamination witness said
ne QUO not see whether they come together.
NlcholaS LOch0oehler, proprietor VI the Wash
1ngton City Garden, testified that his son Adam
was present during our conversation.
Jno: r. Plant testified that he was employed at
Monkeys roer-coaster last summer. Witness
knew defendant Callan and remembered when he
SCaianl was gu discharged About week or two
the corner OF 10th and streets.
MR.. RA1sTON OBJECTED
10 the evidence because, he sa1d the conversation
occurred before this alleged conspiracy is charged
to have commenced
Mr.. Worthingeon said he proposed to show by
the witness that Callan said to MIN that he cal
LAM had been out to the roller coaster; that he
had spotted the musicians who were playing with
krause, and he was going to boycott every one OF
That amounted to nothing, that he could alege one
date and prove any other date within the three
years.
The court overruled the objection, and decided
TO admit the conversation.
Mr.. Raston then objected, because 1t was de-
cilration made by one man, and he did not think
mat all the defendants should be bound by the
statements OF one man.
Mr.. Worthington said he only offered it as evil
Oence against MIR. Callan.
Mr.: Moore renewed his objection against the ad-
mission OF the conversation. and referred to the
foundation for the contradiction, which he said
was not laid.
The objection was overruled.
Witness, continuing, SAID that Mr.. Callan asked
MN II ne would find out how much money Mr.
all or that conversation.
Did you have q conversation with any other
defendant" asked Mr.. WorthingtOn.
Il object" said Mr.. Moore.
did you have such a conversation with Mr..
Sloan?' asked Mr.. WOrthingtOn.
yes sill" answered witness.
II made mistake about the name of the defend
ant said Mr.. Worthington.
counsel renewed their objection to the question.
The court admitted the question
MT. Moore said he would note an exception.
Witness said he had the conversation with Mr.
Sloan at the coaster gate about the latter part OF
July He met Mr.. Sloan. Witness said: Hello, what
are you doing out here tonight, are you going to
play. "No" an 'wered Mr.. Sioan IL came out
here to watch and see what musicians play with
MIR. Krause." Witness remarked, 'That will do
you no good; suppose they are good players"
sloan said: Il want TO get the name or every mu-
oiCluu WIZ plays, Us We are going 10 turn
them out OF the society, and another thing we are
going to boycott them"
ON cross-ex animation witness said that Mr..
sIo n was en- loye at the co st " by Mr.. Callan;
the coaster Clio, ont Ausu 20
Charles +. kOzel was next called as a witness
he testlned that he knew Defendant Callan by
vOlksverin.
Mr.: Moore objected to the evidence because the
proper foundation had not been laid, and
DEFENDANT CALIAN
was called to the stand He testified that he re-
memDered conversation with Kozel at the lat
ter's place OF business. He asked Kozel to use his
influence with the Volksverein to get them to en-
plOy union music, and explained that there were
NUMBER OF nOn-un1On men on the outside
You were about to use the word Scab' said Mr.
WOrth1ngton Ibid you use 1t in the converse
t1on?"
81 don't think did" he answered. Defendant
gave him list OF the most prominent mont union
men, but said nothing about their being boycOtted
crOss-examlnattOn witness said that Kozel asked
him for the members OF the union men: did
not tell him what would be the consequences of
the festival OF the Volksverein.
The witness koZel resumed the stand He could
not remember the conversation, but understood 1t
to mean that Naecker was boycotted, but that
Callan did not use the word boycott Witness
satiOn.
Mr.. Worthington said that was all the testi.
mOny he had except the witnesses Krause and
M0xley. The latter was sick and the former was
not in the city.
NOT VERY STRONG CASE.
II shall be glad TO have all the evidence in,"
s0i0 the Judge The coco "a nof orooodinrlv